TRADEMARK, COPYRIGHT, OPT-IN EMAIL DISCLAIMERS & SALE POLICY, NOTES & GENERAL TERMS AND CONDITIONS OF SALE
GeoCHEM SALE POLICY
Please review the following prior to purchasing or returning an item. With questions or concerns regarding our purchase policy please call: 1.206.774.8777
Net 30 on pre-approved credit accounts. 1st time credit customers will be required to place a down payment of 50% of the total invoice amount based on the discretion of GeoCHEM, Inc. All others may choose from the following options: Visa / Master Card / Discover, Company Check, Money Order, Cashiers Check for the Full Amount of Purchase. You may also wire the funds to GeoCHEM, Inc. Please ask a GeoCHEM, Inc. Representative to forward a GeoCHEM, Inc. Wire Transfer Information Sheet. A finance charge of 1&1/2% per month or the maximum allowable rate by law will be added to past due invoices. NO COD's
A minimum order amount of $600.00 applies to all Geomembrane Liner orders, including Ice Rink Liner sales (with the exception of the Type 2 liners). In addition, a surcharge fee of $175.00 applies for All Presto Geosystems products when ordering less than 1 pallet. There are no other minimum order requirements on any of our other products (subject to change without notice).
Shipments in the United States: FOB Plant Plus Shipping to Destination of Choice. We will prepay all freight and add it to the invoice unless shown otherwise as being included in the amount of your order.
Shipments to Canada -- FOB Plant Plus Shipping to Destination of Choice. In addition to the regular shipping charge, All shipments originating in the U.S. to Canada will incur a brokerage fee from the carrier, plus GST & PST. These amounts will be collected by the carrier upon delivery of the merchandise. ... Please note that the CUSTOMER is responsible for all customs, duties and taxes of home country on all international orders. When delivered, the delivery person/driver may require an additional payment or you may be billed. These amounts due are the duties and/or customs brokerage fees ... this is not a shipping charge. Please check your local rules and regulations prior to ordering for the amount of these charges.
Freight Estimates are based on current rates. Rates and charges stated herein are estimates based on information provided. Actual freight charges shall be subject to increases and surcharges in effect at the time of shipment. Freight charges shall be assessed on the description of the freight, and its actual shipping weight and dimensions at the time of shipment. Transfer of lading applies only on cargo that is suitable for direct transfer to or from Carrier’s equipment by forklift. Shipments requiring sorting, segregation, banding or utilizing shall be subject to charges set forth in Carrier’s tariff. Carrier will transfer freight in a manner, which will utilize equipment weight and capacity of the greatest extent possible, but will not be responsible for the inability to meet any specified weight per container or platform. Rate is subject to current fuel surcharge.
For large truck shipments & UPS / FedEx / DHL Deliveries
If your item( s) are being delivered by common carrier (Truck) or by UPS or FedEx, do not sign for it until you have inspected the item (s) for damage. Once you have signed for and/or opened and used the item (s), you assume all responsibilities and charges. Any damages must be reported within 3 business days of receiving the product.
Normal delivery includes getting the merchandise to the end of your driveway and/or to the dock for commercial deliveries. Trucks will not drive onto residential driveways. The merchandise can then be broken down in the truck and piece unloaded BY THE CUSTOMER.
If you would like the merchandise to be left on the ground, on the pallet, there will be a $85.00 lift gate service charge in addition to the freight cost. Lift gate charge is to get the merchandise onto the ground. (Not to the Door).
NOTE: freight costs are estimates only. Actual prices may vary. If the actual shipping cost is going to be more than the estimate, we will contact you first for approval BEFORE we will ship.
NOTE: Some of our larger / heavier items ship via freight due to their physical size & weight. We primarily use FedEx Freight to get your item(s) to your door, but sometimes other LTL freight carriers are utilized. Please note that estimated shipping is to business / commercial addresses only. Please see below for three (3) surcharge fees that will apply if shipped to a Private/Residential address and/or if the bottom two services are requested for a business address delivery:
Private/Residential address surcharge : $80 (estimated)
Lift gate at delivery Charge : $68 (estimated)
Call before delivery : $15 (estimated)
These charges are not inflated by us, we pass on what we are charged to you.
International Orders (On Merchandise originating from the United States)
Please note that the CUSTOMER is responsible for all customs, duties and taxes of home country on all international orders. When delivered, the delivery person may require an additional payment or you may be billed. These amounts due are the duties and/or customs brokerage fee...this is not a shipping charge. Please check your local rules and regulations prior to ordering for the amount of these charges.
Cancellation of Geomembrane Liner Orders
Geomembrane liners are made-to-order, and each one is therefore custom cut to your exact specifications. Therefore, once your liner is "CUSTOM" fabricated/cut it CANNOT be cancelled. If it hasn't been pre-fabricated/cut, we will be more than happy to either change or cancel your order. We are not responsible for selling your custom prefabricated (custom size) liner once it has been produced/converted/prefabricated since it would most likely have to be sold as a smaller size and/or at a reduced rate.
We have a strict "No Return" Policy in effect for all materials sold unless materials are damaged and/or have a manufacturer's defect. All returns will be refused and returned to the customer at the customers expense. Any stocked Item approved for return by GeoCHEM Inc. will need an authorization number and the freight must be shipped as prepaid by the customer. Any stocked items returned must be in the original packaging (You may not unpack the item, use some product and then return it.). Any stocked items pre-approved for return will incur a 25% restocking fee based on the full sale amount of the item.
If the seller is prevented from making deliveries by reason of any event reasonably beyond the control including but not limited to war, civil commotion, epidemic, fire, floods, labor strikes disputes, production or supply difficulties, power or fuel interruptions, transportation delays, governmental regulations, orders, requests, instructions, or acts of GOD, seller shall be excused from making deliveries to the extent of such interference.
Any account turned over to any collection agency will be charged all charges for services incurred by said agency, including but not limited to a percentage of the invoice taken.
$30 per occurrence.
Prices are subject to change without notice.
GeoCHEM SALE POLICY NOTES
GeoCHEM, Inc. reserves the right to revise or withdraw its proposal / quotation as required to comply with any specification (s) or bid document not provided for bid preparation or any deviations between drawings provided and the actual on-site requirements.
GeoCHEM, Inc. bid is not based on any particular project specifications unless agreed in writing with signatures from both parties.
All material is sold FOB Plant. If freight cost included, it's an estimate. Customer shall be responsible for actual freight charges.
This quote is valid for 30 days from the date above. (subject to raw material availability and price fluctuations)
This quote does not include tax. Terms (with approved credit) are 30 days from the date of the invoice.
No other terms and conditions, including warranties, will supersede the “GeoCHEM, Inc. General Terms and Conditions of Sale” to this proposal / quotation (provided below & with GeoCHEM, Inc. Quotations.
Pricing is contingent upon purchase of all materials quoted. Individual items may not be deleted from this bid. If bid items are deleted, GeoCHEM, Inc. reserves the right to re-bid this project.
Before using a GeoCHEM, Inc. product, customers and other users should make their own independent determination that the product is suitable for the intended use.
This shall be governed by Alaska law and disputes shall be determined by Alaska courts.
Typographical errors are subject to correction.
Submitted Purchase Order to GeoCHEM, Inc. will serve as the order acknowledgement for this or any order.
Customer is to notify GeoCHEM, Inc. of any hazardous substances, as defined by the EPA that may be contained in the lined area.
Appropriate equipment and personnel must be available at time of offloading and deployment of products to prevent damage and to properly deploy material. GeoCHEM, Inc. is not responsible for damages due to improper handling of materials/products.
Material specifications, unless otherwise agreed in writing by a GeoCHEM, Inc.’ are based on standard property values, quality control testing procedures, and authorizing documentation as it applies to the product quoted.
Testing requirements exceeding GeoCHEM, Inc.’ standard testing frequencies for applicable products may result, at GeoCHEM, Inc.’s discretion, in additional charges.
“GeoCHEM, Inc. General Terms and Conditions of Sale” as it applies to GeoCHEM, Inc. Quotations / Proposals / Bids per below:
GeoCHEM, Inc. General Terms and Conditions of Sale
1. NOTICE: The offer, order acceptance, or sale of any products is conditioned upon the terms contained herein. Any additional or different terms proposed by the Purchaser are objected to and will not be binding upon GeoCHEM, Inc., unless specifically assented to in writing by GeoCHEM, Inc.. In the event of any conflict between the provisions of any purchase order and this quotation (including these terms of sale), the provisions of the quotation/terms of sale shall control, unless an authorized representative of GeoCHEM, Inc. acknowledges otherwise in writing. Failure of GeoCHEM, Inc. to object to provisions contained in any order or other communication from the prospective buyer shall neither be construed as a waiver of these terms or an acceptance of any such provision. GeoCHEM, Inc. reserves the right to correct clerical, arithmetic, or stenographic errors and omissions in quotations, orders, acknowledgements, invoices or other documents.
2. PRICES: Refer to Quotation / Proposal / Bid Submitted. PRICING IS SUBJECT TO CHANGE WITHOUT NOTICE
3. TAXES: Unless otherwise stated in GeoCHEM, Inc.’s proposal, the prices quoted do not include any federal, state, provincial or local taxes or duty of any kind which may be applicable to the sale, use, or any disposition of the material. Consequently, in addition to the prices specified herein, the amount of any present or future taxes or duties mentioned above shall be paid by the Purchaser, or in lieu thereof the Purchaser shall provide GeoCHEM, Inc. with a tax exemption or resale certificate acceptable to the taxing authorities. Purchaser agrees it will reimburse GeoCHEM, Inc. for the amount of all governmental taxes, excise and/or other charges (except taxes on or measured by net income) that GeoCHEM, Inc. may be required to pay with respect to (a) the sale and/or installation of any material delivered hereunder, and (b) the production or transportation of any material delivered hereunder. HOWEVER, GeoCHEM, Inc. is an Alaska Corporation operating under Alaska State Law, and therefore, GeoCHEM, Inc. is not obligated to Collect a Sales or Use Tax for any purchase order submitted to the Corporate office in Anchorage AK.
4. SHIPMENTS: Time of delivery shall not be of the essence unless expressly agreed to by the parties in writing. In no event shall GeoCHEM, Inc. be liable for any consequential or other damages. Any time stated for delivery by GeoCHEM, Inc. is an estimate only and shall not form part of the contract. No delivery dates are guaranteed. Any failure by GeoCHEM, Inc. to deliver the Product by such time shall not be a breach or repudiation, and GeoCHEM, Inc. shall not be liable for any loss or damage suffered by the Purchaser as a result of such failure . Title and Risk of Loss shall pass to Purchaser at the point of loading—all Product (s) are sold FOB plant, unless otherwise specified in GeoCHEM, Inc.’s proposal. Freight charges reflected in the quotation are an estimate only. Purchaser is responsible for all actual freight charges. Where delivery of Product is delayed for any reason outside of the reasonable control of GeoCHEM, Inc. or under the control of Purchaser, GeoCHEM, Inc. reserves the right to amend the prices for the Product to those current at the date when delivery is made. Additionally, GeoCHEM, Inc. shall not be held responsible for loss or damage resulting from the choice of carrier or means of shipment or routing used or for any other losses or damages arising while in transit or related to the material. The Purchaser agrees to make any claim therefore directly against the carrier.
5. PAYMENT: With approved credit terms of payment shall be a 2% discount for payment within ten (10) days after GeoCHEM, Inc.’s shipment or net thirty (30) days after the date of GeoCHEM, Inc.’s shipment [date of mobilization shall dictate due date] subject to change by written notice to Purchaser (except where otherwise provided on attached schedules). Any payment not received when due shall bear interest at the rate of 1-1/2% per month, eighteen percent per annum from the original due date, or the highest rate allowed by law, on the unpaid balance until paid in full. Any sale to Purchaser of GeoCHEM, Inc.’s Products/Services is subject to GeoCHEM, Inc.’s approval of the credit worthiness of the Purchaser. Additionally, in the event that payment is not made by Purchaser within the agreed upon terms and any legal and/or collection action is used by GeoCHEM, Inc. to secure payment, Purchaser shall be liable for all legal and/or collection costs incurred by GeoCHEM, Inc.. This includes, but is not limited to, finance charges, the costs of notices, liens, claims, foreclosures, suits, and arbitrations.
6. LIMITED WARRANTY: GeoCHEM, Inc. warrants that its products shall be free from defects in material and workmanship at the time of sale. In the case of a manufacturer's defect, at GeoCHEM, Inc.’s option, GeoCHEM, Inc. will repair or replace the Product. However, this remedy is only available if Purchaser notifies GeoCHEM, Inc. of the defect prior to use of the Product and within three (3) days of receipt of shipment. This Limited Warranty applies to factory products only and does not cover damage to the Product sustained after it left GeoCHEM, Inc.’s or other Manufacture's facility. For products installed by GeoCHEM, Inc. personnel, GeoCHEM, Inc.’s standard Limited Installation Warranty shall apply. For materials manufactured, the manufacturer’s standard warranty shall apply. GeoCHEM, Inc.’s liability under this warranty shall in no event exceed the replacement cost of the Product (s) sold to the Purchaser if a manufacturer's defect ONLY. GeoCHEM, Inc. Warrants its products to be free from defects in materials and workmanship at the time of purchase. Replacement or repair will be at the discretion GeoCHEM, Inc. provided written notification is made to the company within 5 days of purchase. This warranty does not extend to damage done through mishandling or misuse of the product. GeoCHEM, Inc. shall not in any event be liable for incidental or consequential damages by reason of any warranty claim. THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BY ACCEPTING DELIVERY OF THE PRODUCT (S), PURCHASER WAIVES ALL OTHER POSSIBLE WARRANTIES. IT IS THE RESPONSIBILITY OF BUYER AND OTHER USERS TO MAKE THEIR OWN INDEPENDENT DETERMINATION THAT THE PRODUCT IS SUITABLE FOR THEIR INTENDED USE.
7. CONTINGENCIES: Neither Purchaser or GeoCHEM, Inc. shall be liable for its failure to perform hereunder if performance is made impracticable due to any occurrence beyond its reasonable control, including acts of God, fires, floods, wars, sabotage, accidents, labor disputes, inability to obtain economic materials, governmental laws, ordinances, rules, regulations, standards or decrees, inability to obtain raw material, equipment or transportation, and any other similar or different occurrence.
8. NON-WAIVER: Failure of Purchaser or GeoCHEM, Inc. to exercise any right hereunder upon one or more occasions shall not waive the right to exercise the same on another occasion.
9. INSPECTION AND CONDITION OF THE PRODUCT: The Purchaser shall carefully examine the Products on receipt of same. Claims by Purchaser must be made in writing within no later than two (2) business days from the date Purchaser learns of the nonconformity, but in no event no later than 5 days after the date of receipt of shipment, which Purchaser and GeoCHEM, Inc. agree is a reasonable time, or Purchaser’s claims shall be barred. Failure of such notice before GeoCHEM, Inc. has the opportunity to respond, shall be deemed acceptance of goods as received. In addition, GeoCHEM, Inc. must be given opportunity to investigate the claim before Purchaser disposes of Product or else Purchaser’s claim will be barred. GeoCHEM, Inc.’s liability to Purchaser shall in no event exceed the difference between the purchase price and the value as delivered. ANY damage to Product sustained during shipment MUST be noted on the Bill of Lading at the time of receipt or claim will be barred.
10. RETURN POLICY: No returns. All sales are final.
11. MISCELLANEOUS: The laws of the State of Alaska shall govern the execution, interpretation, and enforcement of this agreement, without giving effect to the principles of conflicts of laws thereof and Purchaser submits to the jurisdiction of Alaska courts. This contract is performable in Alaska, and venue of any legal settlement shall be in Alaska. These terms and conditions hereof constitute the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all previous communications, either oral or written, between the parties hereto. There are no understandings or representations of any kind whatsoever, except as expressly set forth herein. This Agreement shall be binding upon and enure to the benefit of the respective successor and assigns of each of the parties hereto, but, any assignment or delegation thereof by either party without the prior written consent of the other party shall be void, except where such assignment or delegation is in connection with the sale of the business to GeoCHEM, Inc. to which this Agreement relates. No modification or waiver of the terms and conditions hereof shall be binding on Purchaser or GeoCHEM, Inc. unless approved in writing by an authorized representative, nor shall the terms and conditions hereof be affected by the acknowledgment or acceptance of purchase order forms containing additional or different terms or conditions, whether or not signed by an authorized representative of Purchaser or GeoCHEM, Inc.. Neither course of performance nor course of dealing nor usage of trade shall be used to interpret, construe, qualify, modify, explain, or supplement any of the terms hereof.
12. FORCE MAJEURE: In any event and in addition to all other limitations stated herein, Seller shall not be liable for any act, omission, result or consequence, including but not limited to any delay in delivery or performance of any government order, any order bearing priority rating or order placed under any allocation program (mandatory or voluntary) established pursuant to law, local labor shortage, fire, flood, or other casualty, governmental regulation or requirement, shortage or failure of raw material, supply, fuel, power or transportation, breakdown of equipment or any cause beyond Seller’s reasonable control whether of similar or dissimilar nature to those above enumerated, or due to any strike, labor dispute, or difference with worker, regardless of whether or not Seller is capable or settling any such labor problem. Seller shall not be liable for any breach of this contract by an act of God, civil insurrection or disobedience, pestilence, war, or acts of third parties not under direct control of Seller.
13. SEVERABILITY: In case any provision herein shall be declared void, illegal, or otherwise invalid, the remaining provisions shall remain in effect and binding upon the parties.
14. ARBITRATION: Any dispute, controversy, or claim arising in connection with this Agreement shall be settled by binding arbitration as the sole remedy of the parties hereto, conducted in accordance with the American Arbitration Association arbitration rules for commercial disputes as in effect on the date of the order. The proceedings shall be concluded, and the Arbitrator shall render an award within ninety (90) days following selection. No award shall be made for punitive, special, exemplary, or consequential damages, including loss of profits or loss of business opportunity. The parties agree that any arbitration commenced under this provision shall take place in the State of Alaska.
The decision of the Arbitrator pursuant hereto shall be final and binding upon the parties.
TRADEMARK, COPYRIGHT, OPT-IN EMAIL DISCLAIMERS
Copyright 1997 - , GeoCHEM, Incorporated, All Rights Reserved. Use, duplication, or disclosure by the United States Government is subject to the restrictions set forth in DFARS 252.227-7013(c)(1)(ii) and FAR 52.227-19 and all applicable law.
Opt-In Mailing List:
By submitting a question, comment, pricing and/or service request from Our Contact Us Page http://www.geocheminc.com/contactus automatically opts you into our promotional mailing list. You agree that GeoCHEM, Inc. shall be free to send you, from time to time, additional product or company information, including newsletters, product advertisements and/or announcements. We will never sell or disclose your e-mail address to anyone.
Viewing, Copying, Printing & Distributing Documents:
Except as may be otherwise indicated in specific documents within this publication, you are authorized to view, copy, print, and distribute documents within this publication, subject to your agreement that:
1. Your use of material is for informational and non-commercial purposes;
2. You will not modify the documents or graphics;
3. You will not copy or distribute graphics separate from their accompanying text; Nor will you quote materials out of their context;
4. You will display the above copyright notice and retain any other copyright and other proprietary notices on every copy you make;
5. Neither GeoCHEM nor any third party has conferred upon you by implication, estoppels or otherwise, any license or right under any patent, trademark or copyright (except as expressly provided above).
Publication Provided "As Is":
This publication is provided "as is", for your information only, without warranty of any kind, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. You assume all risks concerning the suitability and accuracy of the information within this publication. This publication may contain technical inaccuracies or typographical errors. GeoCHEM assumes no responsibility for and disclaims all liability for any such inaccuracies, errors or omissions in this publication and in other documents referred to within or linked to this publication. Prices, technical specifications and product offerings are subject to change without notice, at any time.
Disclosure Of Ideas, Concepts And Techniques:
Should you, or any viewer of this publication, respond with information, feedback, data, questions, comments, suggestions, price quote requests or the like regarding the content of this publication, any such response shall be deemed not to be confidential and GeoCHEM shall be free to reproduce, use, disclose and distribute the response to others, without limitation. You agree that GeoCHEM shall be free to use any ideas, concepts or techniques contained in your response for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products incorporating such ideas, concepts or techniques.
Distribution of Publication:
This publication is distributed internationally and may contain references to GeoCHEM products, programs and services that have not been announced in your country. These references do not imply that GeoCHEM intends to announce such products, programs or services in your country.
Trademark notice, product names, logos, designs, titles, words or phrases within this publication may be trademarks, service-marks, or trade names of GeoCHEM, Inc. or other entities and may be registered in certain jurisdictions.
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